• (The)Study of the Eastern Classic
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• no.48
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• pp.91-116
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• 2012

Writing is a process and work of expressing one's own feelings and thoughts that are not contained in rigid forms; however, the literary trend and environment during the Late Joseon was not so tolerant. A revivalist approach to writing was dominant during this period, which was summarized in the expression that "Prose must be written in the style of Qin and Han; and Poetry in that of High Tang. "Hence, it was practically a taboo to express one's raw emotions and disregard the custom and regulations of writing. Nevertheless, literati, who got tired of the dogmatic rule of Neo-Confucianism at the time that refused to see the changing world and the pseudo-archaic writing that merely imitated the outside and was empty inside, attempted new styles of writing to escape from the model or example and what was familiar. Lee Yong-hyu, who was in the middle of such transformations, learned the trends of Late Ming and Early Qing through the newly imported Chinese books and created his own style that reflected his personality. His writings refused the Neo-Confucian system of thoughts, which was a dominant ideology of the time, paid attention to the human nature and emphasized the restoration of the self. His writing could be described as being anti-pseudo-archaic and criticized the pretentious trend of the time. He argued that in order to restore the true self, one must recover the innocent mind that was bestowed on human by heaven/nature (cheon-li, 天理), and for this purpose, one must straighten out one's mind (sim, 心). His argument is similar to that of "Yangming School of Mind," which could be represented by the phrase, "Mind is the Principle (心卽理)." Yangming School claimed that moral principle existed within one's mind; and this was in stark contrast with the Neo-Confucian idea that "principle (li)"was external and transcendent, and was spoken by the great Confucian masters and written down in Confucian Classics. By denying the externality of the principle and underscoring its immanence, the idea that centralized Confucian Classics and canons was dismantled. Lee Yong-hyu's writing styles that denied the model and emphasized the restoration of the self was influenced by such thoughts. However, one must neither hastily judge that he is an advocate of Yangming School of Mind, nor determine the anti-pseudo-archaic writers' ideological basis as the philosophy of Yangming School. Once it is rigidly defined, be it Zhu Xi's philosophy or Wang Yangming's philosophy, it becomes another model that one must abide by, and again the self disappears. Thus, Lee Yong-hyu defied any kind of model that claimed authenticity or precedence and wished that people would live independently as oneself, and left such claims and wishes in writing. That is the reason, after more than two hundred years later, we still read his writings.

• (The) Research of the performance art and culture
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• no.43
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• pp.145-172
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• 2021

Shin Myung-soon's is based on the taboo 'bombing of the Han River Bridge'. The reality of the bombing of the Han River Bridge in 1950 and the shooting of Colonel Choi Chang-sik was known only as a word of mouth. At that time, the ruling class did not want to reveal the painful mistakes of the unfavorable war situation in the early days of the war and the false broadcasting of the president. The truth of the case, which was kept completely secret even to the bereaved family, could only be revealed after the regime change. After that, the bereaved family of Colonel Choi Chang-sik confirmed the innocence of the deceased through a request for retrial, and then the was born. However, the fate of was not so smooth. At the time, the performance officials vividly remember the difficulties they had with the text. Despite passing the pre-screening of the script, the performance was canceled just before the performance. The fact that the National Theater, officials from the Ministry of Culture and Education, and even military generals visited the practice room to stop the performance, on the contrary, was a testimony to the dangers of . It can be summarized as a crack in official history and a move to stop it. was later adapted into a special TV drama in 1981 and was first released to the public. This was a very meaningful step in terms of dealing with politically sensitive subjects on television, but the inconsistency of in the first place has largely disappeared. After that, in 1988, only after democracy entered the phase of appeasement, could be performed in its full form. In short, can be said to be an example of a process in which the history of the Korean War recorded from the standpoint of an established order and the counter-memory that crack it up are transformed according to the changes of the times and media.

• The Journal of Korean Philosophical History
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• no.29
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• pp.255-280
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• 2010

Zhang Bo-duan compiled about internal alchemy in Taoism. Although he lived in the mundane world, he wished to seek theory on neidan of Taoism(internal alchemy). After finding enlightenment, he elucidated that the enlightenment was a state of rising above world not needed to leave the world. After ages, he was admired as the founder of Taoism in Southern school and his Oh Jin Peon which contents internal alchemy was considered seriously to have more than 30 people who annotated with it until Ch'ing Empire. At his age of 80, he met the real person who gave him theory on neidan of Taoism(internal alchemy), its preface tells that he organized its main point, and then wrote Oh Jin Peon with it in 1075. Generally Zhang Bo-duan was known to leave three books as Oh Jin Peon, Guem Dan Sa Baek Ja, and Cheung Hwa Bi Mun, most of critics have been studying on the basis of them. However, it is not correct whether all of them is his writings and there is not exact analysis but simple belief about it. I think accuracy and details are indispensible in philosophical approach. The study not having verification about primary data is no more than a visionary projet which soon collapses. So the purpose of this study is adding the detail analysis on it and making its exact basis of philosophical approach. Zhang Bo-duan over his age of 80, became enlightened, in his old age handed down his student the secret as a record and theory on neidan of Taoism(internal alchemy). And not in his living but after his dying his status was soared. Because of his high status in internal alchemy Taoism, it seems that there are more interest in it and some published books which just leave his name. In this study, I accept Oh Jin Peon as a his real writing among unsure his writings and criticize systematically and classify its characteristics. And I demonstrate that Guem Dan Sa Baek Ja, Cheung Hwa Bi Mun couldn't be his real writings, these could be forgeries by posterity, with proposing some basis of the argument.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.35 no.3
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• pp.41-66
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• 2017

The purpose of this research is to empirically trace the junctures of Yigye-gugok managed by Gwan-am Hong Gyeong-mo, a grandson of Yigye Hong Yang-ho who originally designed Yigye-gugok, while reviewing the features of the forms and patterns of gugok. The results of the research are as follows. 1. Ui-dong was part of the domain of the capital during the Chosun dynasty, which also is located in the city of Seoul as a matter of administrative zone. Likewisely, Yigye-gugok is taken as a special meaning for it was one and only gugok. Starting with Mangyeong Waterfall as the $1^{st}$ gok, Yigye follows through the $2^{nd}$ gok of Jeokchwibyeong Rock, the $3^{rd}$ gok of Chanunbong Peak, the $4^{th}$ gok of Jinuigang Rock, the $5^{th}$ gok of Okkyeongdae Rock, the $6^{th}$ gok of Wolyeongdam Pond, the $7^{th}$ gok of Tagyeongam Rock, the $8^{th}$ gok of Myeongoktan Stream, and the $9^{th}$ gok of Jaeganjeong Pavilion. Of these, Mangyeong Waterfall, Chanunbong Peak, and Okkyeongdae Rock are distinct for their locations in as much as their features, while estimated locations for Jinuigang Rock, Wolyeongdam Pond, Myeongoktan Stream, and Jaeganjeong Pavilion were discovered. However, Jeokchwibyeong Rock and Tagyeongam Rock demonstrated multiple locations in close resemblance to documentary literatures within secretive proximity, whereas geography, scenery, and sighted objects were considered to evaluate the 1st estimated location. Through these endeavored, it was possible to identify the shipping routes and structures for the total distance of 2.1km running from the $1^{st}$ gok to the $9^{th}$ gok, which nears Gwanam's description of 5ri(里), or approximately 1.96km for gugok. 2. Set towards the end of the $18^{th}$ century, Yigye-gugok originated from a series of work shaping the space of Hong Yang-ho's tomb into a space for the family. Comparing Yigye-gugok to other gugoks, numerous differences are apparent from beyond the rather more general format such as adjoining the $8^{th}$ gok while paving through the lower directions from the upper directions of the water. This gives rises to the interpretation such that Yigye-gugok was positioned to separate the doman of the family from those of the other families in power, thereby taking over Ui-dong. Yet, the aspect of the possession of the space lends itself to the determination that the location positioned at the $8^{th}$ gok above Mangyeongpok Waterfall representing Wooyi-dong was a consequence of the centrifugal space creation efforts. 3. While writings and poetic works were manufactured in such large quantities in Yigye-gugok whose products of setters and managers seemed intended towards gugok-do and letters carved on the rocks among others, there is yet a tremendous lack of visual media in the same respect. 'Yigye-gugok Daejacheop' Specimens of Handwriting offers the traces of Gwanam's attempts to engrave gakja at the food of Yigye-gugok. This research was able to ascertain that 'Yigye-gugok Daejacheop' Specimens of Handwriting was a product of Hong Yang-ho's collections maintained under the auspices of the National Central Museum, which are renowned for Song Shi-yeol's penmanship.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.299-346
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• 2016

There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.29-74
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• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.